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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ2255750 (LAO 0803099)
Regular
Sep 14, 2009

RAQUEL ZUNIGA vs. RADIO SHACK, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and awarded attorney's fees for services in obtaining vocational rehabilitation benefits. The Board found that the applicant's attorney was entitled to a fee calculated as 15% of the *new money* awarded in the Rehabilitation Unit's Determination and Order, not the total VRMA amount. Because the defendant failed to withhold any funds for attorney fees despite knowing the applicant was represented, the defendant was ordered to pay the awarded attorney's fee.

Workers' Compensation Appeals BoardRaquel ZunigaRadio ShackLiberty Mutual Insurance CompanyADJ2255750Attorney FeesVocational RehabilitationQualified Rehabilitation RepresentativeDetermination and OrderRehabilitation Unit
References
Case No. ADJ873594 (SAC 0308813)
Regular
Dec 08, 2010

BILL FLOOD vs. PENSKE LOGISTICS, GALLAGHER BASSETT CLAIMS

This case involves a dispute over attorney's fees for vocational rehabilitation services. The applicant's attorney sought fees from funds withheld by the defendant prior to the repeal of Labor Code section 139.5, the statute governing vocational rehabilitation. The Appeals Board found that the attorney had a vested right to these fees because they accrued and were requested before the repeal. Therefore, the Board rescinded the denial order and directed the defendant to pay the withheld attorney's fees.

Vocational rehabilitationattorney's feesLabor Code section 139.5vested righten banc opinionpetition for reconsiderationcompromise and releasevocational rehabilitation maintenance allowancerepealsaving clause
References
Case No. FRE 0065599
Regular
Mar 04, 2008

JOHN ALLEN vs. KENT MAGNELL CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied John Allen's petition for reconsideration, affirming the WCJ's decision to terminate his vocational rehabilitation services due to a consistent failure to cooperate. The Board found that Allen's persistent insistence on a specific, unachievable vocational goal, coupled with his refusal to undergo necessary medical evaluations and provide requested records, led to the impasse. Consequently, his request for retroactive benefits and vocational rehabilitation was denied.

Workers' Compensation Appeals BoardVocational RehabilitationPetition for ReconsiderationFindings and OrderRehabilitation UnitSuitable Gainful EmploymentVocational Rehabilitation Maintenance AllowanceAverage Weekly EarningsTemporary Disability IndemnityCompromise and Release
References
Case No. RDG 0095368; RDG 0095369; RDG 0095573; RDG 0126270
Regular
Sep 25, 2007

HENRY PHILLIPE vs. GOTTSCHALKS, LIBERTY MUTUAL INSURANCE

The Appeals Board granted reconsideration to allow reimbursement for the applicant's vocational expert fees, reversing the WCJ's decision. The Board found it reasonable for the applicant to hire his own vocational expert to rebut the defendant's expert, especially given the passage of time since the original vocational feasibility report. Consequently, the defendant was ordered to reimburse the applicant's attorney for the $1,075.00 vocational expert cost.

Workers' Compensation Appeals BoardReconsiderationExpert Witness FeesVocational ExpertLabor Code Section 5811Qualified Rehabilitation Representative (QRR)LeBoeuf argumentAgreed Medical Examination (AME)Permanent DisabilityIndustrial Injury
References
Case No. SFO 0500209
Regular
Jul 01, 2008

LAVENDER GALVAO vs. KINKO'S, ZURICH AMERICAN INSURANCE COMPANY

The Appeals Board granted reconsideration, amending the prior award to allow the employer a credit against Vocational Rehabilitation Maintenance Allowance (VRMA) for wages earned by the applicant from subsequent employment. While the applicant was found to be a Qualified Injured Worker (QIW) entitled to vocational rehabilitation services and VRMA, the Board distinguished this case from *Gamble v. Workers' Comp. Appeals Bd.*, finding that the applicant's subsequent employment replaced her injured position rather than being concurrent. Therefore, allowing the credit prevents the applicant from receiving a windfall and is consistent with the wage-loss basis of temporary disability indemnity.

Qualified Injured WorkerVocational Rehabilitation ServicesVocational Rehabilitation Maintenance AllowanceVRMATemporary Disability RateCredit for Wages EarnedWage Loss BasisRehabilitation UnitFindings Order AwardPetition for Reconsideration
References
Case No. SJO 0245865 SJO 0245864 SJO 0245866
Regular
Apr 22, 2008

ANITA REXINGER vs. ELECTROLUX CORPORATION, WAUSAU INSURANCE COMPANIES

The Appeals Board granted reconsideration to clarify vocational rehabilitation temporary disability (VRTD) benefits, holding that earnings from subsequent employment may offset VRTD if the applicant was not concurrently employed at the time of injury. The Board also directed that VRTD benefits should be reduced by unemployment insurance paid for the same period and affirmed the applicant's 1997 W-2 as the basis for calculating average weekly earnings. Finally, the Board rescinded the prior award and returned the matter for further proceedings, including potential reconsideration of the unreasonable delay penalty.

VOCATIONAL REHABILITATIONRECONSIDERATIONSTIPULATIONSPERMANENT DISABILITYREHABILITATION UNITDELAY RATEAVERAGE WEEKLY WAGEATTORNEY FEESCREDIT FOR EARNINGSUNREASONABLE DELAY
References
Case No. AHM 0091706 AHM 0102322
Regular
Aug 22, 2007

MATTHEW MCCORD vs. COUNTY OF SANTA BARBARA, RISK MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and reversed the prior award of vocational rehabilitation maintenance allowance (VRMA) for applicant Matthew McCord. The Board found that McCord's liability for vocational rehabilitation services ended on October 17, 2003, the scheduled termination date of his rehabilitation plan. McCord's failure to complete the plan, despite receiving one, and his subsequent return to work as a court bailiff, rendered him ineligible for VRMA after that date.

Workers' Compensation Appeals BoardVocational RehabilitationCollateral EstoppelRes JudicataNotice of Potential Eligibility (NOPE)Vocational Rehabilitation Maintenance Allowance (VRMA)Qualified Injured Worker (QIW)Rehabilitation PlanMedical RestrictionsRetirement Board
References
Case No. STK 178713
Regular
Sep 17, 2007

FRED VAN DYKEN vs. FRAGOMEN, DEL RAY, BERNSEN & LOWERY, ATLANTIC MUTUAL FIRE INSURANCE

The Workers' Compensation Appeals Board granted reconsideration and amended a prior decision. While affirming the apportionment of permanent disability and the credit for overpaid indemnity, the Board found the employer unreasonably delayed vocational rehabilitation benefits. The applicant is now entitled to retroactive vocational rehabilitation maintenance allowance at the temporary disability rate for the period of that delay.

Vocational RehabilitationApportionmentQualified Medical ExaminerPermanent DisabilityTemporary DisabilityEMG/NCV StudiesRehabilitation UnitDelay of BenefitsThird Party CreditVocational Rehabilitation Maintenance Allowance
References
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